Legal Opinion
Jose Francisco Nunes v. John Ashcroft, United States Attorney General
Court of Appeals for the Ninth Circuit
Decided November 3, 2003No. 02-55613PublishedCited by 38 opinions
1Opinion of the Court
OPINION
LEIGHTON, District Judge.
Jose Francisco Nunes appeals the district court’s denial of his motion for reconsideration. We conclude that the district court did not abuse its discretion in denying the motion because Nunes did not present new evidence, identify a change in controlling law, or identify any clear error. Furthermore, the district court did not abuse its discretion when it failed to treat Nunes’ motion as a request for leave to amend his habeas petition. The amendment requested asserts that Nunes should not be removed from the U.S. because his state burglary conviction does not…
2Cases cited13 opinions
- Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
- Taylor v. United StatesSupreme Court of the United States · 1990
- Allen v. McCurrySupreme Court of the United States · 1980
- Montana v. United StatesSupreme Court of the United States · 1979
- William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004
- Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004
- Davis v. PowellDistrict Court, S.D. California · 2012
- Jose Francisco Nunes v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Oregon Natural Desert Ass'n. v. McDanielDistrict Court, D. Oregon · 2011
33 more not listed; retrieve them via the Exa API.